THE RIGHT TO IMMUNITY AGAINST NOTARIES DUE TO LAWSUITS AGAINST DEEDS OF GRANT THAT VIOLATE THE LEGITIMACY OF THE PORTION (Study Of Supreme Court Decision Number 2892 K/Pdt/2021)

Abstract

The act of giving during life or commonly called a grant by the testator that violates the legitimacy of the testator's legitimacy is often a problem because the act is an unlawful act so that the grant deed is canceled. The results of the research and discussion show that the legal position of a deed of gift made before a notary that violates the legitime portie is that the deed of gift is considered null and void by law by itself and is considered to have no binding force from the start. However, in practice, a deed of gift is valid even if it contains a violation of the legitime portie of the heir, as long as it has not been canceled by the injured heir, so that its nature is no longer null and void but can be canceled. The legal remedy of the injured party against a deed of gift that violates the legitime portie is to take legal action to sue. In principle, a gift cannot be canceled or withdrawn. Analysis of the judge's decision regarding the deed of gift that violates the legitime portie in the Supreme Court decision Number 2892 K/Pdt/2021 is a deed of gift made before Notary Sabrina Askandar Tjokroprawiro, contrary to the provisions of the legitieme portie (absolute share) of the heirs as regulated in Article 913 of the Civil Code.